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HomeMy WebLinkAboutMarch 8, 2005 ~ CA..<2.-> l0-VJ:x:y.f') 3 - d. d - OS / PLANNING AND ZONING COMMISSION MEETING - MARCH 8,2005 The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on March 8, 2005, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Chairperson Daninger, Commissioners Tim Kirchoff, Rex Greenwald, Dean Vatne, Michael Casey and Valerie Holthus. Commissioners absent: Commissioner Jonathan Jasper. Also present: City Planner, Courtney Bednarz Associate Planner, Andy Cross Associate Planner, Chris Vrchota Others APPROVAL OF MINUTES. February 8, 2005 Motion by Kirchoff, seconded by Casey, to approve the minutes as presented. Motion carried on a 4-ayes, O-nays, 2-present (Greenwald, Vatne), I-absent (Jasper) vote. PUBLIC HEARING: LOT SPLIT (05-06) TO CREATE TWO URBAN RESIDENTIAL LOTS FROM PROPERTY LOCATED AT 14351 CROSSTOWN BOULEVARD NW. Mr. Cross explained the property owner is seeking to split the subject property (Lot 1, Block 1, The Oaks) into two urban residential lots. The existing house will remain on one ofthe lots. Mr. Cross discussed the staff report with the Commission. Commissioner Greenwald asked if the petition was just a formality. Mr. Cross stated it is a requirement that the urban properties need to be connected to City sewer and water. It is in the resolution. Regular Andover Planning and Zoning Commission Meeting Minutes - March 8, 2005 Page 2 Motion by Greenwald, seconded by Kirchoff, to open the public hearing at 7:05 p.m. Motion carried on a 6-ayes, a-nays, I-absent (Jasper) vote. Mr. David Hays, 1436 Crosstown Blvd, asked who pays for the sewer line when it goes in. He wondered if this will be paid by the owner. He stated he also has a concern about the oak trees in the area. He noted there are also grapes there that have been there for twenty years. He wondered what will happen to them. Mr. Hays wondered if there would be a privacy fence installed and will there be two driveways installed. He asked what the County will do regarding adding another access onto a County Road. He thought the owner would probably make a lot more money by not splitting it. He stated he was discouraged they will have another driveway and some of the oak trees will be taken out. Mr. Cross stated the applicant will petition for utilities and the property benefiting from the utilities will be assessed. Motion by Kirchoff, seconded by Casey, to close the public hearing at 7: 11 p.m. Motion carried on a 6-ayes, a-nays, I-absent (Jasper) vote. j Commissioner Kirchoff asked if the existing driveway was on the vacant lot. Mr. Cross stated it was. Mr. Ken Orttel, 2772.Bunker Lake Boulevard, stated as far as the driveway, he does not have any plan for this. He thought this will be replaced by a future house. He suggested to the County, the driveways could be close together and act as one driveway. He stated he had every intent on keeping all of the oaks possible on the property and his intention was to keep the house away from the neighbors if possible. Mr. Orttel stated there is a very deep trunk line out front and will be very expensive to install. They are trying to find alternatives for this. Commissioner Greenwald asked for an explanation on legal non-conforming. Mr. Cross explained the code to the Commission and why the house is not conforming. Motion by Greenwald, seconded by Vatne, to recommend to the City Council approval of Resolution No. _, approving the rezoning request based on the fact that times and conditions have changed. Motion carried on a 6-ayes, a-nays, I-absent (Jasper) vote. Mr. Bednarz stated that this item would be before the Council at the April 4, 2005 City Council meeting. I Regular Andover Planning and Zoning Commission Meeting Minutes - March 8, 2005 Page 3 PUBLIC HEARING: RESIDENTIAL SKETCH PLAN FOR SOPHIE'S SOUTH ON PROPERTY LOCATED SOUTHWEST OF CROSSTOWN BOULEVARD NW AND THE BURLINGTON NORTHERN RAILROAD. Mr. Vrchota infonned the Planning Commission that they were asked to review a sketch plan containing 88 urban residential lots. This item was pulled from the February 22nd Planning Commission meeting at the request of the developers, so that they could address a number of issues raised by the adjoining property owner. Mr. Vrchota summarized the staff report with the Commission. Commissioner Kirchoff stated he got the impression regarding the culvert, that there is a ten foot difference between the culvert and where the land is. Mr. Bednarz stated this is the difference in elevation between the two properties. / Commissioner Greenwald asked in regards to the cul-de-sac, if the sketch plan was changed because of resident pressures because from what he read, the Fire Chief was in favor of the plan with two access points. Mr. Vrchota stated a sketch plan was submitted earlier with two accesses and after discussions with the neighboring property owner, the revised sketch plan was submitted that showed a cul-de-sac. Mr. Bednarz stated if was important to note that a street connection is not possible without cooperation from the adjoining property owner because there is a gap in land between where the cul-de-sac is shown and where the street presently exists. Mr. Vrchota stated the street was currently stubbed and there are approximately 150 feet where the road ends and the southern part of the development. Commissioner Kirchoff asked what the purpose of the exception was. Mr. Vrchota stated it was a single family home parcel and would not be included in the plan. Commissioner Vatne stated one of the questions that comes up, in tenns of minor versus major collector streets, the Council tabled discussion of putting in precedent basically a differentiation between the different collector types. He wondered ifthere was any time frame when they will be re-addressing that with the transportation plan. Mr. Bednarz stated the Council had a general discussion in regards to changes to the transportation plan they wanted to make. He thought they were hopeful that early this year as a part of a work session or goal setting session they would outline those in more detail. Motion by Greenwald, seconded by Casey, to open the public hearing at 7:26 p.m. Motion carried on a 6-ayes, a-nays, I-absent (Jasper) vote. / Mr. Winslow Holasek, 1159 Andover Boulevard, read a letter he wrote to the Commission regarding the residential sketch plan of Sophie's South. He showed a ghost plat that was prepared for his property. He stated they would be opposed to any direct street connection from the southwest comer of their development stubbed toward 152nd J Regular Andover Planning and Zoning Commission Meeting Minutes - March 8, 2005 Page 4 and eventually to Yellow Pine Street. This would not create a good traffic pattern as it could potentially add a lot of additional future traffic to the streets of Yellow Pine, 150th and Bluebird and 14Sth and Winslow Hills and the Oak Bluff Development. Mr. Harold Sullivan, 15300 Prairie Road, asked about the culvert underneath the track. Chairperson Daninger stated there was a letter regarding the culvert. Mr. Vrchota stated there is not sufficient information to address drainage and water concerns; they will be addressed with the preliminary plat. Mr. Mike Jackson, 1367151'( Lane NW, stated he favored the cul-de-sac option because at Yellow Pine right now, there is a back up of traffic. He felt the character of the area has changed drastically lately and he would like to see a lot of effort to keep the character in tact. He would like to see the resources saved and to not have all the trees clear cut. Mr. Jackson wondered how close to the road are the houses and is there room in the future for the road to widen. He stated he would also request not allowing fences to go up along the roadway. He wondered if there will be a narrow entrance into the development or will there be improvements to Crosstown Boulevard. He stated he was concerned with the narrowness of the right-of-way. He also questioned the changes to the wetland area. J Chairperson Daninger noted water is not permitted to affect adjoining properties. He noted signage and fencing is part of the preliminary plat and will be discussed at that time. Mr. Bednarz stated there is limited right of way into the development because of the property that is in the exception. He stated there will be three lanes as part of initial construction. In terms of Crosstown Boulevard, the City will be constructing a full intersection improvement this summer. Mr. Bednarz stated beyond the improvements the City will make at the entrance, the County does not have any plans to widen Crosstown. Mr. Bednarz stated that there will be a significant amount of tree removal because the developer has not been allowed to allow water to run off the site and will have to retain all of the water on site. He also stated homeowners can install fences along the Boulevard if they wish. Mr. Sullivan stated he was a pretty good friend of Sophie and he was on the Tree Commission for a few years and her recommendation was to plant as many types of trees as possible. Some believed the first tree preservation ordinance was too strict so they changed it and it was patterned after Lino Lakes but that is a different type of area. Mr. Barry Maim, 1411 152nd Lane, stated the character of the area bears future consideration. He stated he liked the cul-de-sac so a lot ofthe traffic does not come Regular Andover Planning and Zoning Commission Meeting Minutes - March 8, 2005 Page 5 pouring down Winslow Hills or Yellow Pine but he was frustrated that they will not connect Avocet because the County will not allow them. He thought they should connect Avocet and lower the speed limit on Crosstown. Mr. Jim Stiega thought they should keep the road a cul-de-sac because it will make the area safer for everyone. Mr. Dave Jordy, 1354 152nd Lane, stated he has been hearing the comments and agrees generally with what people are saying but if they do not put in a through street they will have everyone including Mr. Holasek's property constrained to Yellow Pine. He stated if Avocet is not a part ofthe project, they will only have the one access along with Yellow Pine to take on all the added traffic. Mark Wheelman, 15029 Avocet, stated he was at the meeting to support Mr. Holasek. He stated they have an issue with traffic moving fast through the neighborhood. Based on the information, he was sure the neighbors will be at all the meetings. Mr. Jackson wondered what would be the process with preserving natural areas in Andover and how he could become involved. He wondered if there was a traffic count on Constance. Chairperson Daninger noted there is a traffic count and there will be a tree preservation plan with the preliminary plat. Mr. Bednarz suggested the resident review the City's tree preservation policy and tree planting requirements and provide any comments to staff. Ms. Sandy Wilden, 15029 Avocet, stated Mr. Holasek has spent a lot oftime and effort in keeping the property he had for Winslow area. She stated they have approximately thirteen species of trees on their land and have an acre in the City. She would be in favor of keeping a cul-de-sac and because opening up Yellow Pine will bring so much more traffic to it. Right now they have a lot of wildlife in the area and tons of trees. She stated Mr. Holasek has thought this all out. She thought it would be nice to keep some of the older neighborhoods as they were developed years ago. She would like them to consider keeping the cul-de-sac because it makes a big difference. Mr. Stiega stated he has met with Ducks Unlimited and Mr. Bednarz stated the City is responsible for cleaning the ponds out. He stated Mr. Holasek had a great idea and there is a pond on 150th that needs to be cleaned out but the City will not clean it out. He wondered why they need to put more homes in if they cannot take care of what they have. Mr. Jim McLaughlin, 1424 152nd Lane, asked why Avocet was not shown on the plan. Chairperson Daninger stated the developer presented the sketch plan he wanted. , Mr. MaIm asked in future meetings regarding this project, can they get a representative from the County and the Fire Chiefto answer questions. Chairperson Daninger stated , / Regular Andover Planning and Zoning Commission Meeting Minutes - March 8, 2005 Page 6 they are sometimes at the Council meetings but the Commission mainly takes in input to give to the Council. Mr. Holasek asked if the County has submitted a letter of opinion regarding this. Mr. Bednarz stated the County has not submitted any formal comment. Mr. Holasek stated the way he heard this was the City Council wanted to treat everyone the same and to be fair. He felt the County needed to be consistent regarding the outlets onto Crosstown Street. He thought all of the residents in Yellow Pine should be notified of these meetings because they will be dealing with additional traffic. Mr. Holasek explained there is also a great concern with Crosstown and traffic. He stated it is pretty hard to get any help from the County Commissioners. He wondered if there was any way Andover would consider taking Crosstown over from the County and then they would have control over the speed limit on that road. Mr. Jeff Madsen, 14965 Avocet, asked ifthere were any demographic studies regarding saturation points for the City. Chairperson Daninger stated they are looking specifically at the sketch plan and this question could be addressed individually. Commissioner Vatne stated the Comprehensive Plan will address many questions. / Motion by Kirchoff, seconded by Greenwald, to close the public hearing at 8:20 p.m. Motion carried on a 6-ayes, O-nays, I-absent (Jasper) vote. Commissioner Kirchoff stated he liked the cul-de-sac and the way it sits. Commissioner Holthus concurred. Commissioner Vatne stated they have talked over the years many time about five hundred foot cu1-de-sac's. He stated one of their guidance's is to keep cu1-de-sac's less than five hundred feet, this one is longer than that. Commissioner Greenwald stated they needed to push getting the road connected at Avocet and then he will be fine with the cul-de-sac. Chairperson Daninger stated he was ok with the cul-de-sac. Chairperson Daninger asked if a pond was relevant to the sketch plan. Mr. Bednarz stated the pond in question was located in Winslow Hills and needs to be addressed by the Public Works Department. Chairperson Daninger asked if they could get the street on Avocet added because it would concern their cul-de-sac variance, address the safety issue and they could adjust the lot lines. Commissioner Kirchoff thought if Crosstown was widened, the existing Avocet would be a right in/right out only. Regular Andover Planning and Zoning Commission Meeting Minutes - March 8, 2005 Page 7 , / Commissioner Holthus stated by having two entrances on the one side of Crosstown Boulevard, invalidates the reason for not putting two entrances on the other side ofthe street. Commissioner Vatne stated his concern was having driveways on a collector street. Commissioner Greenwald stated his recommendation when they present this to the County is to find out why they allowed the connection on one side of the street but not on the other. Commissioner Holthus questioned why the sketch plan did not have Avocet going through. She wondered if the previous sketch plan they received showed Avocet going through. Mr. Bednarz indicated it did not. Mr. Todd Gans, developer, stated he showed the sketch plan to the County with the Avocet connection and it was asked for it to be removed. He noted he tried to include this in the plans many times and was asked repeatedly by the County to remove it and not to put it in the plans again. He stated in reference to the ingress, egress for emergency purposes, there is a fifty foot easement along the southwest comer for drainage and he proposed there be an access for emergency vehicles in this area. , / Commissioner Holthus asked if this was the intent on the other cul-de-sac also. Mr. Gans stated they are considering that but presently the easement will go through a pond. Commissioner Holthus asked how deep the smaller ponds will be. Mr. Gans stated they are four to six feet deep and will need to hold a lot of water. Commissioner Vatne asked what plans Mr. Gans had in order to preserve trees in the development. Mr. Gans stated because of the water retention, they will need to do extensive grading on the property. He stated they try to keep as many as trees as possible but there will need to be massive grading done on the property. Commissioner Vatne stated tree preservation was very important to the Commission and he expected the developer, when he appeared before them again, to explain in detail how he plans on saving more trees, even if it means lowering the density. Commissioner Holthus asked if there was any trail proposed along Crosstown Boulevard. Mr. Bednarz stated there is one in the City's Transportation Plan. This trail would be constructed by the City with trail fees most likely when the road would be expanded by the County. '\ . / Chairperson Daninger stated overall they are comfortable with the sketch plan but would like to have the Avocet entrance reviewed again. Regular Andover Planning and Zoning Commission Meeting Minutes - March 8, 2005 Page 8 / Commissioner Kirchoff asked if there will be more than one builder in the developer. Mr. Gans stated there will be three builders. Mr. Bednarz stated that this item would be before the Council at the March 15,2005 City Council meeting. WORK SESSION: a. Zoning Ordinance Update i. City Code 12-10 Home Occupations Mr. Cross noted the revision seeks to bring all the information into a single chapter and simplify its presentation as much as possible. The changes that should be made include: . 12-10-4-A & B have expired and should be deleted. The new part A contains a brief summary of the Special Home Occupation permits. . 12-10-8 will be deleted. It outlines a complaint procedure specifically for permitted home occupations. The City already has a complaintJenforcement policy in place that can be applied to home occupations, so this chapter is unnecessary. . 12-8-9, which deals with in-home beauty salons, will become the new 12-10-8. It deals with In-Home Beauty Salons and makes more sense located with the rest of the Home Occupation regulations. Commissioner Vatne stated he liked how 12-10 was consolidated in the document. He questioned the wording in 12-10-D because it seemed a little vague to him. Commissioner Vatne noted on 12-10-3(b4), "...all vehicles must be screened and kept from being visible." He did not think they wanted to keep all vehicles screened and thought they should change the wording. Mr. Bednarz agreed. He indicated they will be getting into more detail on vehicles. Commissioner Vatne thought 12-10-6(d) looked like a run on a statement and should be corrected. Commissioner Kirchoff asked if in the case of divorce, could the spouse living there take over the permit. Mr. Cross stated this termination clause was in regard to death. 11. City Code 12-1O-6D. Terminating A Conditional Use Permit Mr. Cross presented changes to the City Code. Ut. City Code 12-11-3B. Change of Land Use Mr. Cross noted the wording in this section of the Code will be changed. The following sentence will be striken ",^. lawful nonconforming use may be changed only to a use of Regular Andover Planning and Zoning Commission Meeting Minutes - March 8, 2005 Page 9 / the same or more restrieted elassificatioB. (! ..mended Ord. 8, 10 21 1970)" and replaced with The structure or area within which a nonconforming use is contained mav not be extended, enlarged, reconstructed, substituted, moved or structurallv altered. tV. City Code 12-9 Service Stations Mr. Bednarz explained staff will edit the information and move the pertinent information needed to regulate service stations to the "Requirements for Specific Conditional Uses" and make a new section (12-8-11), then delete the entire chapter as it currently exists. Commissioner Vatne stated under 12-8-11, second sentence from the end, recommend changing "and the like" to "Etc." He noted one of the things that were eliminated was previously under 12-9-1, "screening of garbage and refuse storage areas" he read this to be recycling of oil and things like that and he did not recall that being called out in the new one unless it is contained under 12-8-7. Mr. Bednarz stated there is a general statement under Item F which addresses a number of miscellaneous items but they will be addressing screening of trash enclosures and dumpsters in a section specific to screening and they will have requirements for trash enclosures, that they be compatible to the principle structure and that they provide space for the dumpster and recycling facilities in a separate section for all commercial and industrial uses and they will not allow discarded parts to lay around whether screened or not. Commissioner Vatne stated under Item D, specifically it states ten days, he thought this was a change from the previous where it referenced thirty days. He thought this was appropriate. Mr. Bednarz stated this was correct because it was a more realistic time frame for ordering parts and receiving service. Commissioner Greenwald asked if the hours of operation could be changed. Mr. Bednarz stated they would have the opportunity to amend the hours through the City Council. Chairperson Daninger asked on the "E" portion, what is meant by the yard portion. Mr. Bednarz stated it meant setbacks. Chairperson Daninger asked in Item D, what if they violate, do they need to have enforcement. Mr. Bednarz stated the purpose of referring to Section 6-5 of the City Code is because they do have a very specific procedure in that section and that is what they intend to follow to be consistent. OTHER BUSINESS. Mr. Bednarz updated the Planning Commission on related items. Mr. Bednarz mentioned that they have received four new residential development applications. He noted Target is now open. Regular Andover Planning and Zoning Commission Meeting Minutes - March 8, 2005 Page 10 Commissioner Holthus indicated she received a letter from Mr. Herman Mollincamp regarding Kodiak Homes. She wondered if anyone contacted him regarding this. Mr. Bednarz stated they received the letter today and they will be in contact with the individual. ADJOURNMENT. Motion by Greenwald, seconded by Vatne, to adjourn the meeting at 9: 15 p.m. Motion carried on a 6-ayes, O-nays, I-absent (Jasper) vote. Respectfully Submitted, Sue Osbeck, Recording Secretary TimeSaver OjJSite Secretarial, Inc.